Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

IP Litigation Quarterly Supplement - December 2005 Image

IP Litigation Quarterly Supplement - December 2005

ALM Staff & Law Journal Newsletters

…

December issue in PDF format Image

December issue in PDF format

ALM Staff & Law Journal Newsletters

Features

IP News Image

IP News

Compiled by Eric Agovino

Highlights of the latest intellectual property news from around the country.

Features

A Consideration with Post-Issuance Practice: Intervening Rights Image

A Consideration with Post-Issuance Practice: Intervening Rights

Paul K. Legaard & Margaret M. Buck

The day you have been waiting for has finally come. The patent application that your company believes covers key technology has issued. Your company may be, for example, a startup with its first marketable product or an established business trying to extend its presence in a niche market or enter into a new one. The patent provides your company the desired protection of the marketplace. There's just one problem. It appears that the scope of the patent may need to be altered to improve your position in the marketplace. For instance, a competitor may have successfully designed around the scope of your patent's claims. In some such instances, there may not be a pending application by which you, the patent owner, can capture the competitor, and post-issuance practice is the only mechanism. So, amending your claims, <i>eg</i>, to read on your competitor's products may seem like a sure way to capture him as an infringer and strengthen your position.

Features

A 'TIP' for Responding to Trademark Infringement Image

A 'TIP' for Responding to Trademark Infringement

Douglas W. Lytle

If tsunamis, hurricanes and terrorist strikes have taught us anything, it is that emergency preparedness is vital to minimizing damage and facilitating recovery. Trademark infringement is no different. Trademark infringement preparedness can help lay the groundwork for an effective response by facilitating communication, reducing delay, ensuring comprehensive gathering of key response items, allowing for productive use of human resources, and providing for efficient allocation of monetary resources.

Features

Unmasking the Copyrightability of Costumes (and Clothing) Image

Unmasking the Copyrightability of Costumes (and Clothing)

Stephen W. Feingold, Marc A. Lieberstein, & Danielle R. Mendelsohn

An interesting split in the Circuits has developed over whether costumes are per se copyright ineligible. According to one line of cases, costumes are entitled to copyright protection if the design is unique. Another line of cases, however, seemingly endorsed by Second Circuit dicta, suggests that because the purpose of a costume is to allow its wearer to masquerade, the design of the costume is not conceptually separable from the clothing itself.

December issue in PDF format Image

December issue in PDF format

ALM Staff & Law Journal Newsletters

&#133;

Features

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising cases from around the country.

Court Watch Image

Court Watch

Charles Miller, Daryl A. Hart & Griffith C. Towle

Highlights of the latest franchising cases from around the country.

$2.3 Million Verdict Affirmed for Insurance Agent Under Connecticut Franchise Act Image

$2.3 Million Verdict Affirmed for Insurance Agent Under Connecticut Franchise Act

Kevin M. Kennedy

In an Oct. 25, 2005 decision, a Connecticut District Court denied an insurance company's motion to set aside a $2.3 million verdict on the plaintiff-agent's wrongful termination claim, concluding that company's relationship with its independent sales agent constituted a franchise under the Connecticut Franchise Act, &sect;42-133e <i>et seq.</i> ("CFA").

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
    Read More ›
  • The Flight to Quality and Workplace Experience
    That the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
    Read More ›
  • AI or Not To AI: Observations from Legalweek NY 2023
    This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
    Read More ›
  • The Powerful Impact of The Non-Foreclosure Notice of Pendency
    RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
    Read More ›